Divorce and division of property are among the most difficult cases in family law. They are often accompanied by conflicts and drag on for years, especially if the former spouses have something to share. In order not to find yourself in a disadvantageous situation when dividing property, you need to submit a competently drawn up claim with a clear statement of requirements to the court.
Necessary
- - Family Code of the Russian Federation;
- - The Civil Procedure Code of the Russian Federation.
Instructions
Step 1
To begin with, try to negotiate with your ex-spouse on the division of property and resolve the issue peacefully. Determine the list of property owed to each of the parties after its division, draw up an agreement and certify it with a notary. If the spouse does not make concessions, go to court: if the value of the disputed property is not more than 50,000 rubles - to the magistrate, and if this amount is exceeded - to the district (city) court.
Step 2
The form of the statement of claim is established by Article 131 of the Civil Procedure Code of the Russian Federation. In the introductory part, indicate the name of the court to which the claim is filed, the last name, first name, patronymic, place of residence of the plaintiff, the same data of the defendant and the price of the claim.
Step 3
Then go to the narrative part of the statement of claim. It must clearly and consistently state the following circumstances: - when the marriage was concluded, since when did the spouses live together and run a joint household, when the actual marriage relationship ceased; - when the marriage was dissolved by the decision of the magistrate; - whether the spouses have children.
Step 4
Next, list the property acquired in marriage and subject to division: its type, value, main characteristics, as well as to whom it is registered. For example, when dividing a car, indicate its make, state registration number, body number, engine number, owner according to the passport of the technical device. If you want to divide an apartment, then you need to indicate its exact address, total and living space, the number of rooms and all participants in the ownership.
Step 5
In the motivation part of the claim, write that the marriage contract was not concluded, and an agreement with the spouse was not reached. State your vision of the situation: how do you propose to divide the jointly acquired property, what mass of it should remain with you and why (in the interests of the children, if the spouse did not work without a good reason or caused material damage to the family, and also if you do not use some property intend). When substantiating the requirements, refer to the norms of the legislation, in particular to Articles 38 and 39 of the Family Code of the Russian Federation, which are devoted to the division of the common property of spouses and the determination of shares.
Step 6
In the operative part of the statement of claim, which begins with the words "I ask the court", clearly state your requirements: "Recognize the ownership of the apartment for the plaintiff", "Recognize the ownership of the car for the defendant." If the defendant's share of the property exceeds yours, claim monetary compensation.
Step 7
Do not forget to attach the following documents to the statement of claim: - a copy of the marriage certificate; - a copy of the court decision on divorce; - copies of the birth certificate of children; - documents confirming the ownership of the disputed property; - receipt of payment of the state duty; - copy of the statement of claim for the defendant.
